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Landlord Selling House

  • 26-11-2020 8:46pm
    #1
    Acquiescence
    Registered Users Posts: 278 ✭✭


    Hi, just wanted opinions on this.

    We have received a termination notice from landlord as he is intending to sell property.

    We are due to leave the house in early March.

    Auctioneer contacted my partner yesterday on behalf of landlord requesting permission to view house next week to 'take measurements' and outlined plan to commence viewings ASAP.

    This seems ridiculous to me given the current climate, I'm considering ringing back refusing entry.

    There is an identical house for sale in the estate currently which they could use as reference, I have also measured the rooms and they are the same.

    Landlord is in possession of extensive photos of house as evidenced by their inclusion in our lease.

    We have been tenants for over a year and when taking the lease originally were subjected to a rigorous vetting process part of which was giving a verbal undertaking that we would likely be long term tenants and I'm a bit peeved at the timing of this which may be influencing my reaction.

    We have had no visitors in the past six months. Both of us work from home and I am also self-employed and in close proximity to a family member (who would be in a high risk category) as a consequence who is themselves a close contact of a very elderly at risk individual as such I have more than adhered to all guidelines.


Comments

  • #2
    fjon
    Registered Users Posts: 2,083 ✭✭✭fjon


    Sorry to hear this, especially at this time.
    I was in this situation many years ago and ultimately found there wasn't much we could do. We had some control over the viewings once they started, but it was a right pain.
    If possible I would start looking for other places to rent as soon as possible.


  • #3
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    You are under no obligation to allow viewings .

    Just say no.


  • #4
    fjon
    Registered Users Posts: 2,083 ✭✭✭fjon


    Pkiernan wrote: »
    You are under no obligation to allow viewings .

    Just say no.

    Unless there is a clause in the lease about this?


  • #5
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    fjon wrote: »

    Unless there is a clause in the lease about this?

    Such a clause is unenforceable.

    Op. Refuse to allow viewings. If youre leaving in March, the LL can wait until to show the property.


  • #6
    GarIT
    Registered Users Posts: 8,671 ✭✭✭GarIT


    fjon wrote: »
    Unless there is a clause in the lease about this?


    Leases almost don't exist in Ireland. Landlords might give them out but they mean nothing.


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  • #7
    jrosen
    Registered Users Posts: 1,629 ✭✭✭jrosen


    Everyone is thinking restrictions will be lifted in some form from early next week. Perhaps the owner and auctioneer are expecting to be able to hit the ground running and start viewings as soon as possible.

    We have a clause in our lease that allows for viewings, if you also do you wont have any say in the matter. You can of course request times that suit you but ultimately you wont be able to stop them from showing the house.


  • #8
    Acquiescence
    Registered Users Posts: 278 ✭✭Acquiescence


    fjon wrote: »
    If possible I would start looking for other places to rent as soon as possible.

    We have been looking since receiving notice, however my business is very close to where we're living and January/February is a very busy period where I will be travelling over and back frequently at night. If there was anything available at a similar distance I would jump at it just for the security of knowing I could be settled before the new year, unfortunately it is unlikely.


  • #9
    boege
    Registered Users Posts: 469 ✭✭boege


    It would appear that Pkiernan is correct:

    From threshold website:
    Approaching the end of your tenancy, your landlord or agent may seek access for viewings by potential tenants or buyers if the property is being sold. There is no right under the Residential Tenancies Act 2004-2019 for a landlord to access a dwelling for the purposes of viewings to prospective purchasers or tenants. Where there is a clause in a lease to this effect, the RTB Tribunal have indicated that any requirement to facilitate two or more viewings a week in the last month of the tenancy would breach the tenants right to peaceful and exclusive occupation of the dwelling. In the absence of a lease or specific provision, a tenant may agree to a compromise between the parties to facilitate viewings, bearing in mind the RTB Tribunal’s ruling. Any viewings should be arranged at reasonable intervals at a date and time agreed in advance.

    https://www.threshold.ie/advice/dealing-with-problems-during-your-tenancy/access-to-your-home/#:~:text=Approaching%20the%20end%20of%20your,to%20prospective%20purchasers%20or%20tenants.

    The other point, as raised by OP, is that in a pandemic there is are risks for the tenant. I wonder if travel related to such viewing would fall outside the current allowed activities (i.e. non-essential).

    If you want to be seen to be helpful perhaps offer to send in the measurements and even take the photos.


  • #10
    Acquiescence
    Registered Users Posts: 278 ✭✭Acquiescence


    boege wrote: »
    It would appear that Pkiernan is correct.......

    If you want to be seen to be helpful perhaps offer to send in the measurements and even take the photos.

    Thanks for the info.

    I intend to offer to take the measurements etc.


  • #11
    jrosen
    Registered Users Posts: 1,629 ✭✭✭jrosen


    I notice it states " a requirement to facilitate 2 or more viewings a week in the last month of the tenancy would breach the tenants right to a peaceful and exclusive occupation"

    I dont think its black and white.

    Of course covid may help here but if restrictions are not lifted.

    OP could you do a video yourself and send to the estate agent/auctioneer? Or even allow the auctioneer access to video for a virtual tour?


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  • #12
    mrslancaster
    Registered Users Posts: 1,761 ✭✭✭mrslancaster


    Isn't the landlord or their agent allowed to do inspections as long as they give enough notification?
    Maybe LL just wants to get everything started by getting photos and measurements ready for the sale. if he has them he can line up prospective buyers & viewings for after you leave. It's an awful hassle having people traipsing around your home & imo LL should wait until after you leave.
    If I was in Op's situation I think I'd let them take the photos & measurements but no viewings.


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